The legal argumentation of the classic natural law as a necessary exercise

被引:0
|
作者
Acosta-Yparraguirre, Eduardo [1 ]
机构
[1] Univ San Ignacio Loyola, Carrera Derecho, Lima, Peru
来源
ESTUDIOS DE DERECHO | 2024年 / 81卷 / 177期
关键词
Legal argumentation; Classic jusnaturalism; the rational and the reasonable; subjectivism and objectivism; facts;
D O I
10.17533/udea.esde.v81n177a5
中图分类号
D9 [法律]; DF [法律];
学科分类号
0301 ;
摘要
The discussion about the rational and the reasonable is constantly rejuvenated due to the endless cycle of questions about the content of the argument and how to decide in conflicts. The most referenced evaluations are usually weakened by their subjectivity. The alternatives that include appealing to the audience-that is, what is reasonable-, are appreciated for their proximity to society, but the negotiation of the discourse excludes in itself a measure that serves as an indicator for the Law. Classic natural law, according to our proposal, acquits this with its five most important criteria: Human Being, basic values, ends, the fair and the common good. Due to its universal character and its guarantee of objectivity
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页码:94 / 118
页数:25
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